Texas

  • February 22, 2024

    Exxon Wants To Press Forward With Activist Investor Case

    ExxonMobil Corp. says it should be allowed to move forward with a lawsuit against a pair of activist investors who proposed that the company speed up the pace of its greenhouse gas emission reductions, arguing that the investors' decision to withdraw the proposal will not prevent a similar one from being filed in the future.

  • February 22, 2024

    IP Forecast: Samsung Eyes Ex-Attys' Litigation Funder Chats

    Samsung plans to ask a Texas court to force a patent litigation business to disclose communications with litigation funders ahead of a trial next month over whether the tech giant's former in-house counsel stole trade secrets. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 22, 2024

    5th Circ. Affirms Medicare Kickback Convictions

    The Fifth Circuit upheld two Texas group-home owners' convictions and sentences for their role in a Medicare kickback scheme, rejecting their argument that a trial court judge wrongly admitted audio recordings at trial and incorrectly calculated the scheme's returns.

  • February 22, 2024

    Law Firm Sued For Using Photo Of Disgraced OB-GYN Online

    A professional photographer has accused Dallas-based The Schmidt Firm PLLC of copyright infringement over an image of convicted sexual abuser and former Columbia University obstetrician-gynecologist Robert Hadden, saying in Texas federal court that the firm used the image on its website without permission.

  • February 22, 2024

    Harris County Cites 'Major Flaw' In Agency's Concrete Permits

    Harris County on Thursday announced it was suing the Texas Commission on Environmental Quality over January amendments to permitting requirements for concrete plants, writing that while the regulations could improve air quality for Houston residents, the agency added a "major flaw" by giving plants up to 10 years to comply.

  • February 22, 2024

    First-Ever Anti-Doping Act Defendant Sentenced To 3 Months

    A "naturopathic" therapist who distributed performance-enhancing drugs during training for the Tokyo Olympics in 2021 has been sentenced to three months in prison by a New York federal judge, becoming the first-ever defendant to receive time in jail under the Rodchenkov Anti-Doping Act.

  • February 22, 2024

    NLRB Joint Employer Rule Delayed Again Amid Biz Challenge

    A Texas federal judge on Thursday delayed until March an imminent National Labor Relations Board rule change that will make it tougher for employers to show they are not joint employers while the court mulls a business coalition's challenge.

  • February 22, 2024

    Charter Argues For Tough IoT Security Authentication

    As the Federal Communications Commission prepares to vote next month on a "U.S. Cyber Trust Mark" for Internet of Things devices, cable giant Charter said the FCC should require that eligible devices maintain secure access controls.

  • February 22, 2024

    Sorrento Says US Trustee's Protest Of Texas Venue Off Base

    Sorrento Therapeutics Inc. told a Texas bankruptcy court the company's choice to bring a Chapter 11 in the Lone Star State was sound, so the court should ignore a call from the U.S. Trustee's Office to trash or relocate the case.

  • February 22, 2024

    $10M Crash Verdict Nixed Over Excluded Toxicology Expert

    A Texas appeals court on Thursday vacated a $10 million verdict against a truck driver in a wrongful death suit, saying the trial court wrongly excluded expert testimony about the other driver's blood alcohol content and how it could have contributed to the crash.

  • February 22, 2024

    Texas Pharmacists Paid Doctors Kickbacks, Prosecutors Say

    Dallas federal prosecutors have accused about a dozen doctors and pharmacists of a patient referral scheme, saying in an indictment entered Thursday that the pharmacists gave the doctors kickbacks in exchange for expensive prescriptions fillable at specific pharmacies.

  • February 22, 2024

    Google Says Worker's Poor Performance Dooms Age Bias Suit

    Google urged a Texas federal judge to grant it a pretrial win in a former sales manager's lawsuit alleging the company's push to replace older men with younger female workers cost him his job, saying the evidence shows he was cut loose for his poor performance.

  • February 22, 2024

    Google Deception Upended Free Markets, Texas-Led States Say

    A Texas-led coalition of states wants a federal court in the Lone Star State to preserve claims alleging Google broke state laws against deceptive trade practices, arguing the tech giant juiced profits for years by hiding changes to its advertising auction platform from users.

  • February 22, 2024

    Instant Brands Ch. 11 Plan Gets OK After Win In Supplier Row

    A Texas bankruptcy judge on Thursday gave tentative approval to home-appliance maker Instant Brands' reorganization plan after finding that recent briefings from the company and a supplier supported his preliminary decision last week to preserve the debtor's indemnification rights.

  • February 22, 2024

    FERC Squeezes Ketchup Co. For $27M Power Market Fraud

    The Federal Energy Regulatory Commission is proposing $27 million in penalties for a Texas company that made in-car ketchup holders and its co-owner for allegedly manipulating a Midwest grid operator's electricity markets, saying the company "operated as a fraudulent enterprise with no legitimate market activity."

  • February 22, 2024

    American Airlines Can't Ground 401(k) Suit Over ESG Funds

    A Texas federal judge has refused to toss a pilot's proposed class action accusing American Airlines of packing its $26 billion retirement plan with investments that focused too heavily on environmental, social and governance factors, like climate change, and too little on financial returns.

  • February 22, 2024

    Judge Partially Tosses Suit Over Texas Beirut Bombing Suits

    A Texas federal judge has partially dismissed a lawsuit between two Houston attorneys and a Maryland firm they've accused of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing, writing that the firm can't face suit in the Lone Star State because the duo initiated and executed the representation agreement while on the East Coast.

  • February 22, 2024

    San Antonio Can Scare Off Park Birds For Now, 5th Circ. Says

    The Fifth Circuit said San Antonio, Texas, can move ahead with its bird deterrence program at a park where Native American church members claim the city is violating their religious rights by pursuing renovation plans that will harm a sacred area's spiritual ecology by removing trees and driving off nesting cormorants.

  • February 22, 2024

    5 Firms Steer $11B Chord Energy-Enerplus Combo

    Vinson & Elkins LLP, Wachtell Lipton Rosen & Katz and Goodmans LLP are steering Chord Energy Corp. on its agreement to buy Canada's Enerplus Corp., which will create an $11 billion company that Chord said will be a premier Williston Basin-focused energy player.

  • February 21, 2024

    Former Texas Atty Gets 50 Years For 'Ponzi-Type' Client Fraud

    A Texas federal judge sentenced a former San Antonio lawyer to 50 years in prison after he pled guilty to mishandling millions in client funds to support his "extravagant lifestyle," the U.S. Attorney's Office for the Western District of Texas said in a statement Wednesday.

  • February 21, 2024

    Justices To Weigh Stark Split In Views Of ATF Bump Stock Ban

    A firearms instructor who claims the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives doesn't have the authority to ban bump stocks may have a slight edge when the case is heard by the U.S. Supreme Court next week, attorneys told Law360.

  • February 21, 2024

    Texas Crypto Firm Sues SEC To Avoid 'Unlawful' Enforcement

    A Texas-based crypto firm has sued the U.S. Securities and Exchange Commission in a bid to convince a Texas federal court to find that digital assets traded on public exchanges are not securities and protect it from potential registration enforcement cases.

  • February 21, 2024

    Texas Panel Unsure Hospital Should Escape $6M MedMal Suit

    A Texas state appellate panel on Wednesday wondered why Harris Hospital should duck liability for a contractor's critical error that left a woman with severe brain damage, with one justice saying the rules that govern Medicaid are "good enough for Texas."

  • February 21, 2024

    39 AGs Call For Federal Pharmacy Benefit Manager Reform

    The list of critics of pharmacy benefit managers continues to grow as nearly 40 attorneys general have thrown their weight behind a trio of federal bills they say would force more transparency into an "opaque" industry that has "been a cause of rising drug prices."

  • February 21, 2024

    WDTX Jury Clears Samsung In $4B Chip Patent Trial

    A Western District of Texas jury has cleared Samsung of infringing two semiconductor patents, following a trial in which the patent owner sought a record damages award of more than $4 billion.

Expert Analysis

  • What Businesses Should Know About NJ Privacy Bill

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    New Jersey’s recently passed comprehensive privacy bill S.B. 332 presents businesses with a nuanced framework and compliance obligations, including opt-in consent requirements for sensitive data, with recommendations for businesses to organize data, review consent requirements and more, says Trisha Sircar at Katten.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling

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    Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • 11 Noteworthy CFPB Developments From 2023

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    Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.

  • Patent Prosecution Carries Consequences For Later Litigation

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    The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.

  • Opinion

    Why Justices Should Protect Public From Bump Stocks

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    In Garland v. Cargill, the U.S. Supreme Court has the opportunity to restore the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule banning bump stocks — thus preserving Congress' original intent to protect the American people from particularly dangerous firearms, says Douglas Letter at Brady United Against Gun Violence.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • On The Edge: Lessons In Patent Litigation Financing

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    A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.

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